City of Hamilton says toboggan at your own risk, but 'don't sue us'

Hamilton wants to help you toboggan safely — but it's still against the law.

The city vowed to look into the possibility of designating one or two groomed and patrolled tobogganing hills last year after earning unwelcome international media attention over a decades-old bylaw ban on sledding.

But a report to be considered next week says staff will instead post signs designed to warn would-be sledders they will be tobogganing at their own risk and to "educate about safe tobogganing practices."

The report suggests the added signage "balances the right of the public to participate in winter activities while considering the specific conditions of the city property involved."

The changes won't actually end the bylaw ban on city land, however.

Vocal residents petitioned the city last year to end the ban or designate specific legal hills on city-owned property.

Coun. Terry Whitehead said he would lobby to make the Garth Street reservoir a designated hill, given hundreds of people who toboggan there every winter, bylaw or no.

But the latest city report says designating one or two hills for legal sledding won't stop residents from illegally sledding elsewhere.

Council could still choose to pursue the creation of a legal sledding hill, but it would likely require a budget for full-time winter employment, monitoring and hill grooming.

The city was already considering updated sledding policies before last year's controversy as a result of a lawsuit against the municipality by a tobogganer injured at the Garth Street reservoir. The city paid close to $1 million in damages and court costs in 2013.

Coun. Sam Merulla said the city's bylaw is needed to "protect taxpayers from themselves" in the event a resident is hurt again and contemplates legal action.

Merulla noted no one has ever been charged.

He said the extra signage and educational campaign outlined in the report will add an extra layer of lawsuit protection.

"It may seem ludicrous, but it is necessary. What we're basically saying is, 'Toboggan if you want, but if you get hurt, don't sue us. You've been warned.'"

The report also includes a list of 15 other cities and their sledding policies. Only two, Newmarket and Sarnia, have blanket tobogganing bans for all municipal property. Some, like Calgary, ban sledding except at designated hills.

City of Hamilton says toboggan at your own risk, but 'don't sue us'

The city will post new signs to “educate” residents about safe sledding — but won’t kill bylaw ban for liability reasons.

Hamilton wants to help you toboggan safely — but it's still against the law.

The city vowed to look into the possibility of designating one or two groomed and patrolled tobogganing hills last year after earning unwelcome international media attention over a decades-old bylaw ban on sledding.

But a report to be considered next week says staff will instead post signs designed to warn would-be sledders they will be tobogganing at their own risk and to "educate about safe tobogganing practices."

The report suggests the added signage "balances the right of the public to participate in winter activities while considering the specific conditions of the city property involved."

The changes won't actually end the bylaw ban on city land, however.

Vocal residents petitioned the city last year to end the ban or designate specific legal hills on city-owned property.

Coun. Terry Whitehead said he would lobby to make the Garth Street reservoir a designated hill, given hundreds of people who toboggan there every winter, bylaw or no.

But the latest city report says designating one or two hills for legal sledding won't stop residents from illegally sledding elsewhere.

Council could still choose to pursue the creation of a legal sledding hill, but it would likely require a budget for full-time winter employment, monitoring and hill grooming.

The city was already considering updated sledding policies before last year's controversy as a result of a lawsuit against the municipality by a tobogganer injured at the Garth Street reservoir. The city paid close to $1 million in damages and court costs in 2013.

Coun. Sam Merulla said the city's bylaw is needed to "protect taxpayers from themselves" in the event a resident is hurt again and contemplates legal action.

Merulla noted no one has ever been charged.

He said the extra signage and educational campaign outlined in the report will add an extra layer of lawsuit protection.

"It may seem ludicrous, but it is necessary. What we're basically saying is, 'Toboggan if you want, but if you get hurt, don't sue us. You've been warned.'"

The report also includes a list of 15 other cities and their sledding policies. Only two, Newmarket and Sarnia, have blanket tobogganing bans for all municipal property. Some, like Calgary, ban sledding except at designated hills.

City of Hamilton says toboggan at your own risk, but 'don't sue us'

The city will post new signs to “educate” residents about safe sledding — but won’t kill bylaw ban for liability reasons.

Hamilton wants to help you toboggan safely — but it's still against the law.

The city vowed to look into the possibility of designating one or two groomed and patrolled tobogganing hills last year after earning unwelcome international media attention over a decades-old bylaw ban on sledding.

But a report to be considered next week says staff will instead post signs designed to warn would-be sledders they will be tobogganing at their own risk and to "educate about safe tobogganing practices."

The report suggests the added signage "balances the right of the public to participate in winter activities while considering the specific conditions of the city property involved."

The changes won't actually end the bylaw ban on city land, however.

Vocal residents petitioned the city last year to end the ban or designate specific legal hills on city-owned property.

Coun. Terry Whitehead said he would lobby to make the Garth Street reservoir a designated hill, given hundreds of people who toboggan there every winter, bylaw or no.

But the latest city report says designating one or two hills for legal sledding won't stop residents from illegally sledding elsewhere.

Council could still choose to pursue the creation of a legal sledding hill, but it would likely require a budget for full-time winter employment, monitoring and hill grooming.

The city was already considering updated sledding policies before last year's controversy as a result of a lawsuit against the municipality by a tobogganer injured at the Garth Street reservoir. The city paid close to $1 million in damages and court costs in 2013.

Coun. Sam Merulla said the city's bylaw is needed to "protect taxpayers from themselves" in the event a resident is hurt again and contemplates legal action.

Merulla noted no one has ever been charged.

He said the extra signage and educational campaign outlined in the report will add an extra layer of lawsuit protection.

"It may seem ludicrous, but it is necessary. What we're basically saying is, 'Toboggan if you want, but if you get hurt, don't sue us. You've been warned.'"

The report also includes a list of 15 other cities and their sledding policies. Only two, Newmarket and Sarnia, have blanket tobogganing bans for all municipal property. Some, like Calgary, ban sledding except at designated hills.